CH 11: Protection of Guests & Their Property

Question 1

Innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent

Answer 1

Absolute Liability

Question 2

3 exceptions to the common law absolute liability rule

Answer 2

1. Guests own negligence
2. Act of a public enemy
3. An act of God

Question 3

within/ on the premises of the inn- the hotel is not responsible for guests’ property left elsewhere

Answer 3

infra hospitium

Question 4

robbers

Answer 4

reivers

Question 5

Under what circumstances an innkeeper will be found absolutely liable for a guests property

Answer 5

If Notice of limitation had not been in the office, public room & in every guest room

Question 6

When you leave the property with the hotel for safekeeping, you must make the hotel aware to the value & need for safe custody

Answer 6

express deposit

Question 7

the transfer of possession of property from the owner to someone else, with the understanding that the property will be returned later

Answer 7

Bailment

Question 8

the owner of the property

Answer 8

Bailor

Question 9

holder of the property

Answer 9

Bailee

Question 10

The 4 elements of bailment

Answer 10

1. only personal property
2. Physical possessions
3. Acknowledge receipt
4. Agreement to Return

Question 11

The hotel receives no fee for the service (gratuitous bailment), with only a slight degree of care, is liable only for gross negligence

Answer 11

Sole Benefit of the Bailor

Question 12

They have the possession & right to use the property. Involves a high degree of care, & is liable for any loss/ damage

Answer 12

Sole Benefit of the Bailee

Question 13

Involves ordinary care, the property must be returned in condition expected

Answer 13

Bailment for hire- Mutual Benefit

Question 14

What must be established to substantiate a claim for bailment

Answer 14

1. property delivered to& accepted by the bailee
2. property was not returned/ not returns in property condition
3. bailee breached duty owed to bailor-

Question 15

A situation where the facts speak for themselves- “On the face of it”

Answer 15

Prima facie case

Question 16

when an employee of the hotel tells a guest that hotel will provide a greater level of liability than statutory limitations, hotel will then be stopped from relying on protection of statutory limitations

Answer 16

Equitable estoppels